Title 7--AGRICULTURE
Chapter


and responsibilities for administration and coordination of the Freedom of Information Act (``FOIA''), 5 U.S.C. 552, pursuant to which any person may obtain...


records, unless there are unusual circumstances within the meaning of 5 U.S.C. 552(a)(6)(B) and Sec. 1.16(b). An agency shall notify a requester in writing whenever it is unable...


the agency office or offices where members of the public may gain access to those materials required by 5 U.S.C. 552(a)(2) and Sec. 1.4 to be made available for...


and copying (unless they are promptly published and copies offered for sale): (1) Final opinions, including concurring and dissenting opinions, as well as...


request to the official designated in regulations promulgated by that agency. The requester may ask for a fee waiver. All such requests for records shall be deemed to have...


of requests for the purpose of evading the assessment of fees, the agency may aggregate any such requests and charge accordingly. One element that may be considered in...


Sec. 1.5(a) shall inform the requester of its determination concerning that request within 20 working days of its date of receipt (excepting Saturdays, Sundays, and...


processed in a multitrack processing system, based on the date of receipt, the amount of work and time involved in processing the request, and whether the request qualifies...


request for expedited processing, an agency shall decide whether to grant it, and shall notify the requester of the decision. Once the determination has been made to grant...


services includes both manual and electronic searches and time spent examining records for the purpose of finding information that is within the scope of the request....


to a request that is for a commercial use (as specified in sec. 6 of appendix A to this subpart) to determine whether any portion of any record located is exempt from...


agency records that has been submitted by a business. When, in the course of responding to an FOIA request, an agency cannot readily determine whether the...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.13] [Page 12] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart A_Official Records Sec. 1.13 Date of receipt of requests or appeals. The date of receipt of a request or appeal shall be the date it is received in the agency and office responsible for the administrative processing of FOIA requests or appeals. [65 FR 46339, July 28, 2000] ...


the agency within 45 days of the date of the denial letter. (b) Each agency shall provide for review of appeals by an official different from the official or officials...


record is readily reproducible in that form of format. Agencies shall make reasonable efforts to maintain their records in forms or formats that are reproducible. In...


an appeal, agencies shall acknowledge the request or the appeal in writing within the 20 working day time period, describe the unusual circumstances requiring the delay,...


by Sec. 1.16, it shall notify the requester, state the reasons for the delay, and the date by which it expects to dispatch a determination. Although the requester may...


to all agencies of the Department regarding requests for records under this subpart. The regulations providing for a uniform fee schedule are found in appendix A to...


be made promptly available to any person submitting a request under this subpart. (b) Agencies are authorized, in their sole discretion, to make...


report the following information to the Office of Communications no later than November 30 following the fiscal year's close: (1) The number of requests for...


agency is required to provide a record in a form or format specified by a requester, if the record is readily reproducible by the agency in the form or format requested. Creation...


cause a correct copy to be prepared and sent to the Office of the General Counsel which shall certify the same and cause the seal of the Department to be affixed, except that...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.23] [Page 16] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart A_Official Records Sec. 1.23 Records in formal adjudication proceedings. Records in formal adjudication proceedings are on file in the Hearing Clerk's office, Office of Administrative Law Judges, U.S. Department of Agriculture, Washington, DC 20250, and shall be made available to the public. [65 FR 46341, July 28, 2000] ...


until such time as the destruction of such correspondence and records is authorized pursuant to Title 44 of the United States Code, and appropriate records...


until such time as the destruction of such correspondence and records is authorized pursuant to Title 44 of the United States Code, and appropriate records...
...


except to the extent that any other regulation of the Department may specifically make this section, or any part of this section, inapplicable as to particular hearings...


of proposed rulemaking; and (4) Any other published notice that solicits, or affords interested members of the public an opportunity to submit, written views...


issued or is authorized to issue the rule. All such petitions will be given prompt consideration and petitioners will be notified promptly of the disposition made of...


statute to issue a subpoena in connection with an investigation being conducted by the Department, the attendance of a witness and the production of evidence relating to...


any matter involving the activities of this Department, shall be served on the General Counsel of the Department. A U.S. Marshal or other process server attempting to...


2671-2680, and the regulations issued by the Department of Justice (DOJ) contained in 28 CFR part 14, the United States Department of Agriculture (USDA) may, subject to...


the Department of Agriculture requested by producers of films for television use. These procedures are designed to guide Department employees and producers of...


film producers. The Department recognizes that its people and programs constitute a rich source of materials on public services, often dramatic and interesting for...


Agriculture and its agencies. The Director or his designee shall not commit the Department to such special arrangements without proper concurrence and coordination...


interests are served. Where special assistance is sought, an individual cooperative agreement will be drawn up between the Department with the Director of Information as...


that he has legal authority to the literary property concerned. (b) The producer must show access to a distribution channel recognized by the motion picture or...


Agriculture and its agencies will be available for consultation on story ideas and give guidance through the services of a technical advisor to insure technical...


a television film company's and/or individual producer's story treatment of the subject matter, but no such priority shall limit use of the subject matter itself. ...


by the Department or one of its agencies in outlining story plans, visits to field points, and other incidentals that will assist the producer in determining his course...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.79] [Page 27] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart E_Cooperative Production of Television Films Sec. 1.79 Credits. On films on which the Department or one of its agencies provides special assistance it shall be mutually agreed by the producer and the Director of Information what credits shall be given to the Department, and the form these credits will take. ...


contains the regulations of the U.S. Department of Agriculture (USDA) implementing the Privacy Act of 1974 (5 U.S.C. 552a). This subpart sets forth the basic responsibilities...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.111] [Page 27] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart G_Privacy Act Regulations Sec. 1.111 Definitions. For purposes of this subpart the terms individual, maintain, record, system of records, statistical record, and routine use shall have the meanings set forth in 5 U.S.C. 552a(a). The term agency shall mean an agency of USDA, unless otherwise indicated. ...


an agency contains any record pertaining to him or her, or to request access to such records, shall submit a written request in accordance with the instructions set forth in the...


asked that an agency authorize a personal inspection of records pertaining to him or her, and the agency has granted that request, the requester shall present himself or herself...


10 days of its receipt (excluding Saturdays, Sundays, and legal public holidays). Wherever practicable, the acknowledgment should indicate whether or not access will...


whose disclosure it determines would be harmful to the individual to whom they relate, it may refuse to disclose the records directly to the requester but shall...


a system of records maintained by an agency shall submit that request in writing in accordance with the instructions set forth in the system notice for that system of...


that request within 10 days of its receipt (excluding Saturdays, Sundays and legal public holidays). The agency shall also promptly, either: (1) Make any...


denied, and who wishes to appeal that denial, shall address such appeal to the head of the agency which maintains the system of records to which the request relates, in accordance...


maintains, by any means of communication to any person, or to another agency outside USDA, except pursuant to a written request by, or with the prior written consent of,...


with appendix A to subpart A of this part. No agency, however, shall charge any fee for searches necessary to locate records. Nor shall an agency charge any fees for copies...


applicable to any officer or employee of an agency who commits any of the acts enumerated in 5 U.S.C. 552a(i). These penalties also apply to contractors and employees of...


records) maintained by agencies of USDA identified in this section are exempted from the provisions of 5 U.S.C. 552a, except subsections (b), (c)(1) and (2),...


the provisions of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). The reasons for exempting each system are set out in the notice for that system published...


1624(b), 2151, 2279e, 2621, 2714, 2908, 3812, 4610, 4815, 4910, 6009, 6107, 6207, 6307, 6411, 6808, 7107, 7734, 8313; 15 U.S.C. 1828; 16 U.S.C. 620d, 1540(f), 3373;...


be applicable to all adjudicatory proceedings under the statutory provisions listed below as those provisions have been or may be amended from time to time,\1\ except...


the proceeding is conducted and in the regulations, standards, instructions, or orders issued thereunder, shall apply with equal force and effect. In addition and except...


(1) Any interested person desiring to submit information regarding an apparent violation of any provision of a statute listed in Sec. 1.131 or of any...


[Code of Federal Regulations] [Title 7, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 7CFR1.134] [Page 38] TITLE 7--AGRICULTURE PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents Subpart H_Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes Sec. 1.134 Docket number. Each proceeding, immediately following its institution, shall be assigned a docket number by the Hearing Clerk, and thereafter the proceeding shall be referred to by such number. ...


Sec. 1.133(b) shall state briefly and clearly the nature of the proceeding, the identification of the complainant and the respondent, the legal authority and...


10 days in a proceeding under section 4(d) of the Perishable Agricultural Commodities Act, 1930), or such other time as may be specified therein, the respondent shall...


(a) Amendment. At any time prior to the filing of a motion for a hearing, the complaint, petition for review, answer, or response to petition for review may be amended....


to the entry of a consent decision. Such agreement shall be filed with the Hearing Clerk in the form of a decision signed by the parties with appropriate space for...


answer, or the admission by the answer of all the material allegations of fact contained in the complaint, shall constitute a waiver of hearing. Upon such admission or failure...


upon the Judge's own motion, the Judge may direct the parties or their counsel to attend a conference at any reasonable time, prior to or during the course of...


the facts by including such request in the complaint or answer, or by a separate request, in writing, filed with the Hearing Clerk within the time in which an answer may...


of time fixed by the Judge, any party may file a motion proposing corrections to the transcript or recording. (2) Unless a party files such a motion in the...


Hearing Clerk, and served upon all the parties, except (1) requests for extensions of time pursuant to Sec. 1.147, (2) requests for subpoenas pursuant to Sec. 1.149, and...


(1) has any pecuniary interest in any matter or business involved in the proceeding, (2) is related within the third degree by blood or marriage to any party to the proceeding,...


of the Judge's decision, if the decision is a written decision, or within 30 days after issuance of the Judge's decision, if the decision is an oral decision, a party...


copies. Except as otherwise provided in this section, all [[Page 48]] documents or papers required or authorized by the rules in this part to be filed with...


proceeding, the Judge may, at any time after the filing of the complaint, order the taking of testimony by deposition. The Motion shall be in writing, shall be filed with...


same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken, and the officer taking the same, shall be entitled...


the issuance of the final decision shall the Judge or Judicial Officer discuss ex parte the merits of the proceeding with any person who is connected with the proceeding...


Source: 45 FR 6587, Jan. 29, 1980, unless otherwise noted. The rules of practice in this part shall be applicable to cease and desist...


plural, and vice versa, as the case may require. The following terms shall be construed, respectively, to mean: Act means the Capper-Volstead Act, approved February 18,...


any agricultural association, as defined in the Capper-Volstead Act, is engaged in any practice which monopolizes or restrains trade in interstate or foreign commerce to...


basis for the proceeding, and shall designate a time and place for the hearing in the matter, which shall be at least 30 days after the service of the complaint upon...


other time as may be specified therein, the respondent shall file with the Hearing Clerk, an answer, signed by the respondent or the respondent's attorney. The answer shall be...


which case the time for filing the answer shall be extended 20 days or for other time agreed to by the parties. After the answer is filed, amendments to the complaint, or to...


Such order shall be entered by the Judge (prior to a decision) or the Judicial Officer (after a decision by the Judge), and become effective on the date...


may direct the parties to attend a conference when the Judge finds that the proceeding would be expedited by discussions on matters of procedure and/or possible...


and place as specified in the complaint, and not less than 30 days after service thereof. The time and place of the hearing may be changed for good cause, by the Judge,...


any time, but not later than the time fixed for filing proposed findings of fact, conclusions and order, or briefs, as the case may be, any party may file a motion...


of the Judge's decision, a party who disagrees with the decision, or any part thereof, or any ruling by the Judge or any alleged deprivation of rights, may appeal...


of the Judicial Officer, or the Judge, any person showing a substantial interest in the outcome of the proceeding shall be permitted to participate in oral or...


and shall be served upon the parties, except those made on record during the oral hearing. The Judge shall rule upon all motions and requests filed or made prior to...


(1) has any pecuniary interest in any matter or business involved in the proceeding, (2) is related within the third degree by blood or marriage to any party to the proceeding, or...


Except as otherwise provided by the Judge or the Secretary, all documents or papers required or authorized by the rules in this part to be filed with the Hearing Clerk shall...


association subject to a cease and desist order may, within thirty days following the date of the order, request the Secretary to institute proceedings for judicial review of...


General Provisions (a) The definitions contained in Sec. 1.132 of this part are incorporated into and made applicable to this subpart. ...


this subpart), provides for the award of attorney fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings...


the Department on or after August 5, 1985, except with respect to a proceeding covered under Sec. 1.183(a)(1)(iii) of this part, which is effective on or after October...




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